How Wrongful Death Settlements Are Distributed in Ohio
Losing a loved one abruptly due to wrongful acts or negligence of someone else is shattering emotionally and sometimes financially. In such a situation, you may be eligible to file a wrongful death claim against the negligent party. The compensation you receive can help you move forward without financial strain after the loss of your loved one. But how are wrongful death settlements distributed in Ohio? Let’s explore how the settlement money from a wrongful death claim is distributed according to Ohio laws.
Understanding Wrongful Death Claims
A wrongful death lawsuit aims to seek compensation for family members who have lost a loved one through wrongful acts or negligence of another party. The beneficiaries usually include a surviving spouse, children, parents, and other close relatives. A wrongful death claim is typically filed by a personal representative, designated in the decedent’s will, or appointed by the probate court. For a successful wrongful death claim in Ohio, you must demonstrate the following key aspects:
- A direct link exists between the defendant’s actions and the death of your loved one
- You have filed the case within Ohio’s strict two-year statute of limitations.
Types of Damages Awarded in Wrongful Death Cases
Damages awarded in wrongful death cases are meant to address the tangible and intangible losses suffered by the survivors. These may include:
- Funeral or burial expenses
- Loss of financial support
- Loss of companionship, care, and guidance
- Mental anguish and emotional distress
- Punitive damages (though rare, these may be awarded in cases where the defendant’s conduct was particularly malicious or reckless).
How Settlements Are Distributed
In Ohio, the distribution of wrongful death settlements depends on the relations of each beneficiary to the deceased. The share that each beneficiary receives depends on various factors, such as:
- The closeness of the relationship with the deceased
- Financial and emotional dependence on the deceased
- Contributions to the household or family dynamics.
Here, immediate family members such as the spouse, children, and parents are presumed to have suffered damages. The surviving spouse typically receives the most significant portion, followed by children and parents. Other next-of-kin may also be eligible, although they have to prove they suffered damages as a result of the decedent’s death. If children are the only beneficiaries, they can choose how to divide the settlement.
A wrongful death settlement can be paid out in two ways:
- Lump Sum Settlement
In this case, beneficiaries receive the compensation in one single payment, which is then distributed according to each member’s relationship with the deceased.
- Structured Settlement
Here, the payments are made over a specified period until the full payment is made, and beneficiaries receive the payments monthly or annually, depending on their preference.
Resolving Disputes Over Distribution
In some cases, beneficiaries may agree to divide the settlement. If an agreement isn’t reached, the court executes the settlement equitably. Under Section 2125.03 of the Revised Code, Ohio law allows judges to allocate shares based on each beneficiary’s age, health, and financial needs. Working with strong legal representation can help you secure maximum compensation and a fair distribution of settlements.
Speak to a Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence in Ohio, contact the law office of Brian G. Miller CO., L.L.C, today to discuss your case and secure the justice and compensation you deserve.
Source:
codes.ohio.gov/ohio-revised-code/section-2125.03#:~:text=The%20court%20that%20appointed%20the,resulting%20from%20the%20death%20and
